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Protection of human rights in criminal proceedings

Author: WangYuLi
Tutor: TianLiZhi
School: Shandong University
Course: Legal
Keywords: Criminal suit Human rights Value and purpose Right Safeguard
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 307
Quote: 2
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Abstract


Criminal First, the punishment of crime, two is to protect the people's rights are not violated. Established for the purpose of criminal proceedings is through the use of a powerful state apparatus to punish crime, in order to protect the majority of human rights are not violated, the punishment of crime is a means of protection of human rights are not violated, not an end. However, in the course of criminal proceedings, the rights of the defendant (the suspect) but in the process in order to protect the rights of often subject to violation of the authority the dictatorship of representatives from the state machinery. The phenomenon has become a lingering ills of Criminal torture and other serious violations of the rights of the defendant (the suspect), severe corrosion of the judicial body of a malignant tumor. With the progress of time, the concept of human rights has also been development, from the initial reason why people becomes a man has the essential rights and development to a new view of human rights in the collective human rights, national rights, environmental rights, etc. . The most vulnerable against the defendant in criminal proceedings (the suspect) is still the right to equality, the right to life, liberty and basic rights. From the purpose of criminal proceedings, the protection of rights is fundamental, is, and the only means to punish crime only to protect the rights of, it is the direct purpose of criminal proceedings to achieve the purpose of criminal proceedings, it can only be in the second bit position. Protection of human rights in criminal proceedings throughout as the main line, around the protection of the rights of all system design is also a manifestation of the value of the Criminal. On the scope of freedom and order, although both are impossible in absolute equilibrium state, and sometimes order will be in a more important position, but overall, the freedom is order is , order service for free. Its life in order without freedom, might as well live in freedom without order. Not free, I would rather die. The key to the protection of the rights in the system, the protection of human rights throughout as the main line of the design system, the protection of human rights will be achieved, or the protection of human rights can only be empty talk. In various system is not forced self-incrimination system, the exclusion of illegally obtained evidence system, the defense system is the most important, is the constitutional system of the protection of the rights of the defendant (the suspect).

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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